State Of Louisiana v. Jered C. Sellers
This text of State Of Louisiana v. Jered C. Sellers (State Of Louisiana v. Jered C. Sellers) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ffiM4r4i] JU* MM 1 A A
STATE OF LOUISIANA NO. 2023 KW 1101
VERSUS
JERED C. SELLERS FEBRUARY 14, 2024
In Re: Jered C. Sellers, applying for supervisory writs, 20th Judicial District Court, Parish of West Feliciana, No. 21- WFLN- 742.
BEFORE: PENZATO, HESTER, AND MILLER, JJ.
WRIT GRANTED IN PART AND DENIED IN PART. The trial court
incorrectly determined that relator' s blood- alcohol test results
were admissible as presumptive evidence of intoxication. See La. R. S. 32: 664( A) & ( D) ( prior to repeal by 2022 La. Acts No. 393, § 1). To that extent, the writ is granted. However, notwithstanding the unavailability of the blood- alcohol test results as presumptive evidence of intoxication, assuming the results are otherwise the reliable, State may use blood- alcohol test results obtained without strict compliance with the presumptions in La. R. S. 32: 662, i. e., as circumstantial
evidence that would allow the fact -finder to draw an inference of the defendant' s intoxication. See State 2008- Shirley, v.
2106 ( La. 5/ 5/ 09), 10 So. 3d 224, 233. Accordingly, the ruling denying relator' s motion to suppress is reversed in part, and
this matter is remanded to the trial court for further proceedings.
ARP CHH
Miller, J. concurs, and would note that " otherwise
reliable" contemplates the establishment of a proper chain of
custody.
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